Appellant
Respondent
- Parties: The appellant was Mansoor Khawaja. The respondent was His Majesty the King in Right of Canada.
- Subject Matter: The appellant, a flight instructor residing in Alberta, completed an exam and flight test in 2017. Transport Canada awarded him a Class 4 Flight Instructor Rating. In 2018, he submitted an application to upgrade to a Class 3 Rating. Transport Canada granted him that upgrade. In 2022, the appellant filed a statement of claim challenging Transport Canada’s decision not to immediately grant him the Class 3 Rating. He sought various administrative remedies, as well as damages of $390,000 for loss of income and $600,000 for pain and suffering. The Federal Court summarily dismissed the appellant’s claim because it was filed after the expiry of the two-year period in Alberta’s Limitations Act, 2000.
- Ruling: The appeal court ruled in the respondent’s favour and dismissed the appeal with costs. The appeal court saw no palpable and overriding error in the Federal Court’s reasons. The appeal court rejected the appellant’s argument that the Federal Court erred because the injury was not discoverable until Feb. 3, 2021 when he commenced a proceeding before the Transportation Appeal Tribunal of Canada.
- Date: The hearing was set on June 11, 2024. The court released its decision on June 11, 2024.
- Venue: This was a federal case before the Federal Court of Appeal.
- Amount: No financial award was specified.
Court
Federal Court of AppealCase Number
A-260-22Practice Area
Transportation lawAmount
$ 0Winner
RespondentTrial Start Date
29 November 2022Download documents